THE STATE PRIMARY ELECTION 
LAW, PASSED IN 1912, AS 
AMENDED IN 1914 


§ Nominations—How Made—Hereafter all 

candidates for elective offices to be voted for at any 
general election shall be nominated: 

‘ ‘ 1. By a primary election held in accordance with 
the provisions of this act or 

‘‘2. By certificates of nomination sigmed and 
filed as herein provided. The provisions of this Act 
shall not apply to candidates for trustees of com¬ 
mon schools or members of school boards nor to 
trustees in towns of the fifth and sixth classes nor 
to candidates for presidential electors, but such can¬ 
didates for such offices shall be nominated and have 
their nominations certified as now, or may be here¬ 
after provided by law. This Act shall not be con¬ 
strued to repeal or affect in any way an Act enti¬ 
tled, ‘An Act to amend an Act entitled,’ ‘An Act for 
the government of cities of the second class in the 
Commonwealth of Kentucky,’ approved March 21, 
1910, Chapter 50, Acts 1910. 

(Section 2 is repealed by Act of 1914.) 

§ “3. Time and Place of Holding.—On the first 
Saturday'in August of each year between the hours 
of 6 o’clock a. m., and 4 o’clock p. m., there shall be 
held at the regular polling places in each election 
precinct in this State a primary election for the 
nomination of candidates by political parties as 




2 



hereinafter defined, to be voted for at the next Nov¬ 
ember election. The provisions of this act shall not 
apply to vacancies in offices to be filled at special 
elections held'at times other than the regular Nov¬ 
ember elections. Nominations by political parties to 
fill vacancies at special elections to be held on days 
other than the regular November election shall be 
made in such manner as may be determined by the 
governing authority of such political party in the 
territory in which said election is to be. held. 

§ ‘‘4. Unexpired Terms.—Candidates for unex¬ 
pired terms to be filled at the November election 
shall be nominated at the primary next preceding 
such November election: Provided, that such va¬ 
cancy occurred not less than seventy days before the 
day on which the next primary is to be held. But 
if such vacancy occurred less than seventy days be¬ 
fore the primary election, the nomination shall be 
made in such manner as may be determined by the 
governing authority of the political parties. In the 
preparation of ballots hereinafter provided for, can¬ 
didates for full terms shall be grouped together, 
and candidates for unexpired terms shall be grouped 
together on the party ballots, under appropriate 
headings, so that the voter may easily distinguish 
the candidates for full terms from the candidates 
for unexpired terms. 

§ ^‘5. Parties Eequired to Nominate in the Pri¬ 
mary.—A political party within the meaning of this 
Act is an affiliation or organization of electors rep¬ 
resenting a political policy and having a constituted 
authority for its government and regulation, and 
which at the last preceding election at which presi¬ 
dential electors were voted for, cast at least twenty 
per cent of the total vote cast at said election in this 
State. And such political party shall nominate all 
of its candidates for elective offices to be voted for 


: 0. eF 9, 

. - MOV 13 1914 


3 


at the next succeeding general election at the pri¬ 
mary election herein provided for, and not other¬ 
wise; Provided, that when a vacancy occurs after 
any nomination by death or otherwise, the govern¬ 
ing authority of such party may provide for filling 
such vacancies and making such nominations; and 
when such nominations have been so made the cer¬ 
tificates of nomination shall be signed by the chair¬ 
man and secretary of the governing authority of the 
party making same, and shall be filed in the same 
manner as to certificates of nomination at a primary 
election. 

§ ^^6. Any qualified elector who is a member of a 
party within the meaning of this Act, and who has 
affiliated with and supported the nominees of the 
party at whose hands he seeks the nomination, as 
defined, elsewhere in this Act, shall have his name 
printed on the official ballot of his party for any 
office to which he is eligible in any primary held un¬ 
der the provisions of this Act, upon filing with the 
proper officer at the proper time, a notification and 
declaration, which notification and declaration shall 
be in the following form, and shall be filled in as to 
all the requirements therein contained, and the dec¬ 
laration therein shall be subscribed and sworn to 
by the person making same, before any officer quali¬ 
fied to administer an oath. 

‘‘Said notification and declaration shall be in the 
following form: 

“Notification and Declakation.^^ 


OF . 

Fok Nomination to the Office 

Of . 

To. (County 

Court Clerk or Secretary of State, as case may be.) 









4 


Commonwealtli of Kentucky, 

. County. 

For the purpose of having my name placed on the 
official primary election ballot as a candidate for 

nomination by the. (name of party) 

party, I.,.(name in full as desired 

on the ballot) do solemnly swear (or affirm), that 

I reside at No., Street, in the City of., 

County of., State of Kentucky, and that I 


am a registered .. (party) voter in 

.Precinct, City of..., that I 

believe in the principles of said. (name 


of party) party, and intend to support its principles 
and policies, and vote for its nominees at the com¬ 
ing general election, and that I have affiliated with 
such party and that I supported its nominees at the 
last general election, or was prevented from doing 

so by reason of . (state reason 

here); that if nominated as a candidate of said 

. party at the said ensuing election, I 

will accept such nomination and not withdraw; that 
I will not knowingly violate any election law or any 
law defining or relating to corrupt and fraudulent 
practice in campaigns or elections in this State, and 
if finally elected, I will qualify for said office. 

... (Signature of Candidate) 

Subscribed and sworn to before me by. 

this.day of., 19. 

. (Signature of Officer) 

. (Title of Officer)” 

The said candidate shall at the time of filing his 
notification and declaration file therewith an affida¬ 
vit of two reputable electors, members of the same 
party to which the applicant belongs, which affida¬ 
vit shall be in the following form, and filled out so 
as to meet all the requirements indicated therein: 
























5 


Commonwealtli of Kentucky, 

. County. 

We, .. and ^..... 

do solemnly swear (or affirm), that we are qualified 

electors and members of the . (name of 

party) party, and have affiliated with said party, and 
supported its nominees at the last general election; 
that we are residents and legal voters of the City of 

.., County of ., State of 

Kentucky; that we are personally acquainted with 
., who files the hereto attached noti¬ 
fication and declaration, and we know him to he a 

discreet citizen, and a member of the. 

party, and that to the best of our knowledge and be¬ 
lief, he has affiliated with and supported said party 
as defined in the primary election law; that he is a 
resident of the City, County and State set out in his 
notification and declaration, and we believe him to 
be qualified to fill the office of. 


(Signatures of affiants). 

Subscribed and sworn to before me by. 

and.this.day of. 

19. 

.(Signature of officer) 

.:. (Title of Officer). 

^ ^ Said application and declaration, and the accom¬ 
panying affidavits may be on the same or separate 
sheets, but shall be filed together and at the same 
time, and when so filed with the proper officer, it 
shall be the duty of said officer, upon the candidate’s 
compliance with the requirements of this Act as to 
payment of fees as elsewhere provided, to have 
printed the applicant’s name on the ballot according 
to the primary election law, under the penalties pro¬ 
vided therein, 




















6 


§ ‘‘7. Time and Place of Filing.—For all offices 
to be voted for by the electors of one county or of a 
city, district or subdivision therein, except members 
of Congress, said nomination papers shall be filed 
with the County Clerk of such county, at least thirty 
days prior to the holding of the primary election. 
For State officers, members of Congress, and for all 
officers to be voted for by the electors of more than 
one county, said nomination paper shall be filed with 
the Secretary of State, at least forty days before 
the holding of the primary election. 

(Section 8 is repealed in law of 1914). 

§ ‘‘9. Certificate Where Onlj^ One Candidate Files 
Papers.—Immediately after the expiration of the 
time for filing applications and declarations for 
places on the ballot, if it should appear that there 
is only one candidate who has filed the necessary 
papers for place on the ballot of any party on whose 
ballot he is entitled to have his name printed, the 
officer with whom such papers are filed shall issue 
to such candidate a certificate of nomination, which 
shall have the same force and effect as the certifi¬ 
cate of nomination provided herein to be issued by 
the canvassing officers.’’ 

§ ^‘10. When Destroyed.—All nomination papers 
in the custody of the County Clerk and the Secre¬ 
tary of State under the provisions of this act shall 
be destroyed six months after the primary election 
for which said papers were filed. But such papers 
as are material to any investigation or litigation 
then pending shall not be destroyed until the final 
determination of such investigation or litigation. 

§ ^‘11. Inspection of Papers.—All nomination 
papers filed under the provisions of this act shall at 



7 


all times be subject to inspection by candidates and 
by the County Attorney, the Commonwealth Attor¬ 
ney and the Attorney General. 

§ ‘‘12. Register of Candidates.—The Secretary 
of State and the County Court Clerks shall each keep 
a book entitled “REGISTER OF CANDIDATES 
FOR NOMINATION IN THE PRIMARY ELEC¬ 
TION,” and shall enter therein on different pages 
of said book for the different political parties sub¬ 
ject to the provisions of this law the title of office 
sought and name and’ residence of each candidate for 
nomination in the primary election, the name of his 
political party, and the date of receiving his peti¬ 
tions. Said book shall be so kept that the names of 
all candidates of the same political party shall be 
on the same or successive pages and the names of 
candidates of no two political parties shall appear 
on the same page. Said books are hereby declared 
to be public records. 

§ “13. Certification of Candidates by Secretary 
of State.—Not less than thirty days before the pri¬ 
mary election is to be held, the Secretary of State 
shall certify to the County Clerks of the respective 
counties entitled under the law to participate in the 
nomination of the respective candidates, the name, 
place of residence, and party of each candidate for 
each office, as specified in the nominating petitions 
filed with him, and shall designate, subject to the 
provisions of this act, the device under which the 
groups or lists of candidates, or candidate, of each 
party shall be printed, in the order in which they 
shall appear on the ballot. 

§ “14. Order of Names Certified by Secretary 
of State—How Determined.—For the purpose of de¬ 
termining the order in which the names of candi¬ 
dates to be voted for by the electors of the entire 
State shall be certified and printed on the ballots 


8 


under the designation of the respective offices, the 
Secretary of State shall prepare lists of the counties 
of each Congressional district of the State. He shall 
then arrange the surname of all candidates for each 
office in alphabetical order for the first Congress¬ 
ional district, and the names shall be certified in this 
order to the County Clerks of all the counties com¬ 
prising said Congressional district. Thereafter for 
each succeeding Congressional district, taken in the 
order of their numbers, the name appearing first for 
each office in the last preceding district shall be 
placed last, and the name appearing second in the 
last preceding district shall be placed first, and each 
other name be moved up one place. The lists shall 
be certified accordingly. 

‘‘For all other offices for which nominating papers 
are filed with the Secretary of State, the order of 
names of candidates for each office shall be deter¬ 
mined by lot at a public drawing to be held in the 
office of the Secretary of State thirty-eight (38) 
days before the primary election at two o’clock 
p. m., standard time. 

§ “15. Publication of Names by County Clerk 
—Order of Printing.—Not less than twenty days be¬ 
fore the primary election the County Clerk of each 
county shall publish under the proper party desig¬ 
nation and title of each office the names of all per¬ 
sons certified to him by the Secretary of State, in the 
same order in which they were certified, and of all 
persons for whom nomination papers have been filed 
with such County Clerk. Only the names of per¬ 
sons who have substantially complied with provi¬ 
sions of this act shall be published or printed on the 
ballot, and such names shall be published or printed 
in the order in which they are to be printed on the 
ballots. Said publication shall be done by posting 
a notice at the door of the court house and causing 



9 


said list to be printed once in a newspaper of gen¬ 
eral circulation in such county, if there be such a 
newspaper. 

^ ‘ The order in which the names of candidates for 
each office for whom nomination papers have been 
filed in the office of the County Clerk, shall be printed 
on the primary election ballot, shall be determined 
at a public drawing in the office of the County Clerk 
twenty-five days before such primary election at 
2 o^clock p. m., standard time. 

§ ^^16. Order in Which Different Offices shall 
Appear on Ballot.—The order in which the different 
offices are printed on the primary election ballot 
shall be the same as in the case of regular elections. 
The office of United States Senator shall come first 
when candidates for said office are to be nominated. 

§ ‘^17. Ballots and Ballot Boxes.—There shall 
be a separate ballot for each political party subject 
to this act, at the primary election provided for 
herein. Such ballots shall be printed in substan¬ 
tially the same manner as now provided by law in 
case of regular elections, except that on the back 
thereof shall be printed the words ‘Official Pri¬ 
mary Ballot,’ and at the head thereof shall be 
printed the words ‘Official Primary Ballot,’ together 
with proper party name and the party emblem. The 
party emblem in each case shall be the same as that 
used at the last preceding regular election, unless 
sixty days before the primary election the proper 
party authority certify a different emblem to the 
Secretary of State, in which event he shall certify 
the new emblem to the County Clerks as herein pro¬ 
vided. 

“All the official ballots designed to be voted in the 
primary nominating elections shall be printed in 
black ink upon a good quality of white ballot paper. 
The arrangement of each ballot shall be exactly the 


10 


same for eacli political party, and the size and the 
printing shall he the same for each political party. 
Duplicate impressions of the ballots for each poli¬ 
tical party voted for at every primary election shall 
he printed upon cheaper colored paper. These col¬ 
ored ballots shall be used solely as sample ballots 
for the information and convenience of voters, and 
they shall not be voted or counted. 

‘^The ballots shall be printed so as to give each 
elector a clear opportunity to designate his choice 
of candidates for nomination by making with the 
stencil a cross in the square after tlie name of each 
candidate for whom he wishes to vote for nomina¬ 
tion; and on the ballot may be printed such words 
as will aid the elector to do this, such as, ^‘Vote 
for one,^^ ^^Vote for two,’’ and the like, to inform 
the elector of the number of candidates for whom 
he is entitled to vote for each office, and at the bot¬ 
tom or outer end of each ballot shall be prepared a 
secondary stub, separated from the body of the 
ballot by a perforated line. Said secondary stub 
shall be in all respects as the like stub on the ballot 
used at the general elections, and shall be used in 
like manner and for the same purpose. 

‘‘Separate ballot boxes shall be supplied for each 
party and the ballots cast shall be placed in the ap¬ 
propriate party boxes, but a ballot shall not be dis¬ 
qualified by reason of having been in the wrong bal¬ 
lot box. 

§ “ (17a.) In any year in which any General Elec¬ 
tion is held, where school officers are to be voted 
for, or school questions are to be voted upon, in 
wliicli women are entitled to vote as provided in 
Chapter Eorty-seven of the Acts of the General As- 
seml)ly of nineteen hundred and twelve, such women 
voters as are qualified to vote under said law, may 
be specially registered as provided in Section 



11 


twenty of the Primary Election Act, and it shall he 
the duty of the County Clerk to permit all women 
qualified und.er said act to so specially register. 

§ ‘'18. Number of Ballots.—There shall be pro¬ 
vided and furnished at each primary nominating 
election and at each election precinct seventy-five 
per cent more official ballots for each political party 
than the number of votes cast by such political party 
at the last preceding presidential election, and if a 
precinct was created since the- last presidential elec¬ 
tion, the County Court Clerk shall furnish such num¬ 
ber of ballots in such precinct as may be requested 
by the Chairman of the County Executive Commit¬ 
tee or authority of each political party, not exceed¬ 
ing, however, three hundred ballots for each party 
for each such pi*ecinct. 

“In any and all elections in which women are 
qualified to vote, the clerk shall furnish for such 
women voters, for each precinct in which the election 
is to be held, a number equal to fifty per cent of the 
entire number of ballots furnished for the male 
voters in each precinct, and the ballots cast by such 
women shall be treated in all respects like the bal¬ 
lots cast by male voters, and deposited in the boxes 
hereinbefore provided for the respective parties. 

§ “19. Qualifications of Electors.—Before a per¬ 
son shall be qualified to vote in the primary election 
herein provided for, he shall possess all the qualifi¬ 
cations now prescribed by the constitution and as 
are now required of voters in regular elections. 
Except that in the case of women electors the quali¬ 
fications shall be as prescribed in Chapter 47 of the 
Acts of the General Assembly of 1912. He shall, in 
addition to said qualifications, be a member of the 
party for Avhose nominees he intends to cast his vote, 
and shall have affiliated with said party and sup¬ 
ported its nominees and no person shall be deemed 


12 


to have affiliated with the party in whose primary 
he seems (seeks) to cast his vote, if he voted 
against the nominee or nominees of such party at 
the last general election. Said qualifications shall 
be determined as of the date of the primary, without 
regard to the qualifications or disqualifications as 
they may exist at the succeeding regular election. 
In precincts where registration is required, no elec¬ 
tor, except those entitled to he specially registered 
as herein provided, shall he entitled to vote in any 
primary, unless he is registered in the registration 
book of said precinct for the preceding year, as 
affiliating with the party whose ballot he offers to 
vote. If so registered, he shall be entitled to vote 
the ballot of the party with which he is registered 
and no other. In other precincts, qualified electors 
shall be allowed to vote only the ballot of the party 
of which they are members, and with which they 
have affiliated and supported as defined herein. Pro¬ 
vided that all minors who will become twenty-one 
years of age before the November election shall be 
entitled to vote in said primary by declaring the 
party of their choice. The qualifications above de¬ 
scribed shall apply to candidates and voters alike. 

‘ ‘ In order to determine in case of doubt, any of the 
qualifications above mentioned, the judge of the 
election shall have power to and he shall swear any 
person offering himself to vote as to any of said 
qualifications, and when so sworn the judge shall 
direct the clerk to, and the clerk shall write upon the 
primary stub bearing the voter’s name, the words, 
‘sworn as to qualifications.’ And any voter mak¬ 
ing a false statement as to any of his qualifications 
shall be liable to indictment and conviction for false 
swearing. 

“Any judge of an election knowingly receiving a 
vote of any elector who is not qualified as provided 



13 


in this Act shall be guilty of a misdemeanor, and 
upon conviction, shall he fined one hundred dollars 
for each otfense, and any person so voting knowing 
that he is not qualified as provided in this Act, shall 
be guilty of a misdemeanor and upon conviction, 
shall he fined one hundred dollars for each offense, 
the fine in each case to be recovered upon informa¬ 
tion or indictment in any court having jurisdiction. 

§ ‘‘20. Special Eegistration.—Fourteen days be¬ 
fore the primary provided for in this act there shall 
be a special registration at the office of the County 
Clerk, for persons entitled to be specially registered 
for the purpose of voting in said primary. The fol¬ 
lowing persons and no otliers shall be entitled to 
special registration: 

“1. Any persons who were absent from the city 
or town of their residence during the entire time of 
the registration for the preceding year. 

“2. Persons who were prevented from register¬ 
ing by reason of their own sickness or by death in 
their immediate families. 

“3. Persons who moved into the city or town of 
their present residence after the latest date that 
would enable them to register for the purpose of 
voting in the last regular election, and who have the 
qualifications of voters in the precincts in which 
they reside. 

“4. Persons who have become of age since the 
last election and have the qualifications of electors. 

“Before registering any person under this section 
the County Clerk shall require him to make written 
oath as to the cause of his failure to attend the last 
regular registration. In all cases where illness is 
given as a cause for failure so to register, the affi¬ 
davit of a physician setting forth the fact shall also 
be required. All affidavits provided for under this 
section shall be kept in a bound book made for that 


14 


purpose. When the proper affidavits have been 
made, the clerk or his deputy shall write the name 
of the person applying in the proper registration 
book of the preceding year on the last page contain¬ 
ing the names beginning with the same letter, and, 
if necessary, on pages immediately following; and 
in the column headed ‘Eemarks,’ shall be written 
the words ‘Specially Registered,’ with the signa¬ 
ture of the clerk and the date. 

“Any elector present in the office of the County 
Clerk may cliallenge the right of any person to reg¬ 
ister specially under this section, and thereupon the 
County Clerk shall examine such person and any 
witnesses who may he offered, under oath, and shall 
determine the right of said person to register. The 
registration books in tlie possession of the County 
Clerks shall be sent to the polls and shall be used 
by the election officers to determine the right of any 
person to vote in the primary election; and there 
shall be no special registration at the polls. 

§ “21. Transfer Certificates.—There shall be no 
transfer certificates for enabling electors to vote in 
the primary election, but any voter who has re¬ 
moved from one precinct to another, in which reg¬ 
istration is required, after having been registered 
for the last November election, may apply to the 
County Clerk upon the day for special registration 
provided for in the last preceding section and have 
his name cancelled off by writing opposite it in the 
column headed ‘Remarks’ the word ‘removed,’ 
and upon making oath that he is a qualified voter or 
will be a qualified voter, on the day of the primary 
in the precinct of his present residence he shall be 
entitled to be specially registered as provided in 
the last preceding section. Persons removing from 
one city or town to another city or town in a differ- 



15 


ent county shall not be required to have their regis¬ 
tration cancelled, but may be specially registered 
upon making the affidavit as herein provided. 

§ ‘^22. Officers of Election.—Officers of election 
for the primary shall be appointed by the County 
Board of Election Commissioners as provided by 
law in the case of the November elections: Provided, 
That the lists of names selected by the several party 
committees shall be submitted to said Board not 
less than fifteen (15) days before the holding of the 
primary and shall be open to inspection thereafter; 
and provided, that candidates before the primary 
shall be entitled, if they so desire, to unite regard¬ 
less of party, in designating the names of persons 
to be appointed officers of election, under the rules 
hereinafter laid down. All designations of persons 
selected by candidates for appointment shall be 
made by written notice to said Board, delivered to 
any member thereof, not later than ten days before 
said primary. Any group of 25 per cent, of all can¬ 
didates before the primary shall be entitled to have 
appointed as an election officer one person in each 
precinct for which a name is so submitted. In 
cases where names are so designated for several 
precincts, the persons so designated shall be ap¬ 
pointed in equal proportion to the offices of Clerk, 
Sheritf and Judge in the different precincts. In like 
manner 50 per cent, of all candidates before the pri¬ 
mary shall be entitled to designate two persons to 
be appointed officers of election in each precinct. In 
such cases one of the persons so designated shall be 
appointed Clerk of Election in one-half of the pre¬ 
cincts for which names are so designated. If 75 
per cent, of all candidates so unite they shall be en¬ 
titled to designate three persons to be appointed offi¬ 
cers of election in each precinct, and one of the per¬ 
sons so designated shall be appointed Clerk of Elec- 


16 


tion in each of tliree-fonrtlis of all the precincts for 
which names are so designated; and all the candi¬ 
dates by so uniting shall be entitled to tlie appoint¬ 
ment of four officers of election in each precinct for 
which names are thus designated. 

‘‘In cases where candidates unite in the selection 
of persons to be appointed' officers of election, as 
herein provided, the lists of names submitted by the 
party committees shall be treated by the Board of 
Election Commissioners as follows: If only one 
group of 25 per cent, of the candidates unite in 
selecting one person to be appointed an officer of 
election in each precinct so designated, said board 
shall appoint only one officer of election for such 
precinct or precincts from the list submitted by the 
committee of that party whose candidates form a 
majority of the signers of such written designation. 
If the signers of such list are divided equally be¬ 
tween the parties, then the list of names submitted 
by each party committee shall have chosen from ic 
only one name for an officer of election in every 
other precinct among those for which names are 
thus designated. If two groups of 25 per cent, or 
one group of 50 per cent, of all candidates so unite 
in designating persons to be appointed officers of 
election in one or more precincts, the remaining offi¬ 
cers in such precincts shall be selected equally from 
the lists of the several party committees. In the 
event that 75 per cent, of all candidates unite to 
procure the appointment of election officers in one 
or more precincts, or if three groups of 25 per cent, 
of the candidates, or one group of 50 per cent, and 
another of 25 per cent, of the candidates submit 
names under the provisions of this section, the re¬ 
maining officer of election in each of such precincts 
shall be chosen alternately from the lists of the dif¬ 
ferent party committees. 




17 


^^All persons wlio are to act as election officers 
shall be appointed by said Board in accordance with 
the foregoing provisions, and the list of officers of 
election with the office to which each person is ap¬ 
pointed shall be made np and open to inspection by 
any candidate, not later than the noon on the Sat¬ 
urday preceding the day of the primary. 

‘‘The duties herein provided shall be enforceable 
against said County Board of Election Commission¬ 
ers, on the petition of any candidate, by the writ 
of mandamus. Proceedings in such cases shall be in¬ 
stituted in the Circuit Court. The proceedings shall 
be summary and without delay, and the orders of 
the Court shall be final and not appealable. 

§ “23. Challengers and Inspectors—Each po¬ 
litical party shall be entitled to have not exceeding 
two challengers and two inspectors at each precinct 
during the holding of said primary election, same to 
be appointed and to serve under the following con¬ 
ditions : 

“Any group of candidates of the same political 
party equal to twenty-five per cent, of all the candi¬ 
dates for such party to be voted for in a county (in¬ 
cluding State, district and all other candidates) in 
any primary may recommend to the County Com¬ 
mittee or governing authority of such party for the 
county a list of persons whom they desire to have ap¬ 
pointed as challengers and inspectors in each pre¬ 
cinct in such county. If more than two such lists 
are furnished said Committee or governing author¬ 
ity as herein provided, said Committee or governing 
authority shall in making appointments of chal¬ 
lengers and inspectors so alternate between the sev¬ 
eral lists so furnished as to give to each list an equal 
amount or proportion of the appointments, but in 
no event shall there be appointed more than one 
challenger and one inspector for any precinct from 


18 


any one list. The lists of challengers and inspectors 
herein provided shall he presented to the Chairman 
or Secretary of the party Committee of the comity 
not less than ten days before the date on which the 
primary is to be held; and said Committee or the 
Chairman thereof shall make the appointments and 
certify to same at least five days before the date on 
which said primary is held. Said appointment of 
challengers and inspectors shall be certified in all 
respects as challengers and inspectors at regular 
elections, except as otherwise herein provided, and 
said challenger and inspector shall be subject to the 
same penalties and possess the same rights and 
privileges as challengers and inspectors at general 
elections: Provided, That the challengers of one 
political party shall not be entitled to challenge 
those persons who offer to vote for candidates of 
any other party in sucli primary; and the inspectors 
of one political party shall not be permitted to ex¬ 
amine or inspect the ballots or returns of any other 
political party than the one for which he was ap¬ 
pointed. The provisions of this section shall be en¬ 
forceable against the chairman of the political party 
committees in the same manner as provided in the 
last preceding section of this Act. 

§ ‘ ‘ 24. Manner of Voting.—Any person desiring 
to vote shall give his name, his residence and the 
name of his political party to the clerk of the elec¬ 
tion, Avho shall thereupon announce the same in the 
presence of the judges of the election, and if such 
person is entitled to vote the ballot of the party 
to which he claims to belong, in such primary elec¬ 
tion, the clerk shall write on the primary stub of 
the ballot to be voted by such person, his name and 
residence. The clerk shall then tear off the ballot 
at the perforated line and endorse his own name 
across the back of the ballot and then deliver the 


19 


ballot to the elector, who shall be entitled to receive 
only one official ballot, and when the clerk shall de¬ 
liver said ballot to the elector, said elector shall im¬ 
mediately retire to a voting bobth and there pre¬ 
pare his ballot; and when he has prepared it he 
shall fold it so as to conceal the names of all can¬ 
didates thereon and shall immediately return to the 
officers of election and deliver his folded ballot to 
the judges of election. The judges of election shall 
in the presence of the elector, remove the secondary 
stub from said ballot and deposit said ballot in the 
box provided for the political party for which it is 
cast. 

§ ‘^25. Immediately after the close of the polls 
at a primary nominating election and before the 
ballot boxes are opened, the officers of election shall 
count all the remaining ballots that have not been 
used and shall stamp with a rubber stencil the 
word ‘unused’ upon the face of each unused ballot 
so as to be plainly seen, and in their certificate of 
the results of the election they shall certify how 
many ballots were not used, and the ballots that were 
not used shall be left attached to the stub book, 
which shall be returned to the county clerk as is now 
required by law. The county clerk, before receipting 
for the ballot boxes, shall count the unused ballots 
and see that they are properly stamped, and in his 
receipt given to the election officers delivering the 
ballot boxes he shall state the number of unused bal¬ 
lots, and that the same are properly stamped. Then 
the names of the electors of each political party who 
voted at said primary nominating election shall be 
counted and the number so voting for each political 
party shall be written and certified in each of the 
poll books on a blank certificate prepared for that 
purpose and signed by all election officers at the 
precinct in the same manner as is provided, or may 


20 


hereafter be provided for certifying and signing 
the official returns in said primary elections or the 
returns in said general election. Said officers of 
election shall count the number of ballots cast by 
each political party, and shall keep them separate 
so that all the ballots belonging to one party shall 
be in one bunch and the ballots belonging to another 
party in another bunch, and so on as to all parties 
who participate in such primary elections. As soon 
as the officers of such elections have thus separated, 
sorted! and bunched the ballots for each political 
party, then they shall take the tally sheets provided 
by the county clerk and shall count all the ballots 
for each political party separately until the count is 
completed, and shall certify to the number of votes 
for each candidate for nomination for each office 
upon the ticket of each party. They shall then place 
the counted ballots in the ballot box of each respec¬ 
tive political party after first fastening and sealing 
said ballots for each political party in a separate 
bundle, and sealing them for transmission to the 
county clerk as is now, or may hereafter, be required 
for the transmission of ballots voted at regular elec¬ 
tion. Said election officers shall then place the tally 
sheet for each political party in separate envelopes 
provided for that purpose by the county court clerk, 
and they shall seal said envelopes and place them in 
the ballot box of such party. They shall then place 
all contested, disputed and spoiled ballots in enve¬ 
lopes prepared for that purpose and seal the same 
and place same in the ballot boxes. Then after the 
officers of election have thus counted, certified and 
prepared the election returns, they shall put the cer¬ 
tified election returns in the ballot box of each re¬ 
spective political party, together with all the sup¬ 
plies that are to be used in connection with said 
election, such as stencil, ink pads, sealing wax, 


21 


stamps, seals, and other supplies that are, or may he 
required to he returned to the county court clerk, 
and lock said ballot boxes; and the sheriff of election 
and that judge who is of the opposite political af¬ 
filiation, shall immediately take andi deliver said bal¬ 
lot boxes, wdth the election returns to the county 
court clerk, and the same shall be received and re¬ 
ceipted for in the same manner as the ballot boxes 
and election returns in general elections, except that 
said ballot boxes shall he opened by the county court 
clerk and the returns therein destroyed within ten 
days before the succeeding November election: Pro¬ 
vided, that where a contest has been instituted and 
not disposed of, the ballot boxes shall not he opened 
by said clerk until after said contest has been finally 
disposed of. It shall be the duty of the county clerk 
to furnish to the election officers of each precinct in 
the county, a rubber stencil containing the word 
unused,^’ the letters of which shall not be less than 
one-half inch in height. Said stencil shall be re¬ 
turned to the county clerk at the same time and in 
the same manner that the county election seal for the 
precinct is returned. It shall also be the duty of the 
county clerk to have this act printed in full in his in¬ 
structions to election officers. 

§ ‘^26. Canvassing Returns—Certificates of Nomi¬ 
nation.—On the third day after the close of any 
primary nominating election the County Election 
Commissioners of each County shall proceed to 
canvass the returns of said primary election and 
tabulate the same. The tabulation of votes for all 
offices for which the nomination papers are re¬ 
quired to be filed in the County Court Clerk’s office 
shall be on another separate sheet of i^aper for each 
political party and shall be filed in the County 
Court Clerk’s office immediately after the canvass 
of the returns and tabulation of the votes by said 


22 


Election Commissioners; and certificates of nomi¬ 
nation shall immediately issue to the persons re¬ 
ceiving the greatest nmnher of votes for the offices 
for which they were candidates. And said certifi¬ 
cate shall not less than fifteen days next before the 
day on which the Greneral November Election is 
held, be filed with the County Clerk. Such tabula¬ 
tion of votes for nominations for candidates for 
office whose nomination papers are now, or may 
hereafter be, required to be filed in the office of the 
Secretary of State, shall be made on one separate 
sheet for each political party and shall be imme¬ 
diately transmitted under seal to the Secretary of 
State, in like manner as other election returns are 
transmitted to him. On the fourteenth day after such 
primary nominating election the State Board of 
Election Commissioners shall meet at the Capitol 
and canvass the returns of said primary election that 
have been certified and filed with the Secretary of 
State for all officers where the returns are required 
to be certified to and filed with the Secretary of 
State for all the political parties entitled to partici¬ 
pate in such primary nominating election; and after 
they have completed the tabulation and canvass of 
the returns of said primary nominating election they 
shall immediately certify to the same, and they 
shall issue to that candidate of each political party 
receiving the highest number of votes for the office 
for which he was a candidate, a certificate of nomi¬ 
nation, which certificate shall, not less than thirty 
days next before the day on which the general No¬ 
vember election is held, be filed in the office of the 
Secretary of State. The Secretary of State shall, 
not less than twenty days before the day on which 
the general November election is held, certify under 
the seal of his office the persons whose names are 
entitled to be printed on the official ballot at the 


23 


November election as the candidates of the various 
political parties for the offices to be filled at such 
election, and who have been 'nominated as herein 
provided; and he shall make and transmit by reg¬ 
istered mail, a duplicate of such list and certificate 
of nomination of candidates for offices to the County 
Court Clerks of every county in the State where the 
candidate is to be voted for by the StatS at large, 
and he shall so transmit the names of such candi¬ 
dates to the County Court Clerks of each and every 
county in the district in which such candidate is 
to be voted for where the candidate is to be voted 
for by a district composed of more than one county. 

§ ^‘27. Eeview by Court.—Whenever it shall be 
made to appear by affidavit accompanied by a mo¬ 
tion, filed in the Circuit Court in the county 
where the cause of action arises, as herein¬ 
after provided, that an error or omission has 
occurred or is about to occur in the placing or 
failing to place the name of any candidate on the 
official primary ballot, or that an error or wrong 
has been or is about to be committed in the print¬ 
ing of said ballots, or any officer has failed or is 
about to fail to perform any duty imposed by this* 
Act, the court shall order the officer or person 
charged with such error, wrong, neglect or failure 
to forthwith correct the error, desist from such 
wrongful act, to supply the failure, or to perform 
the duty, or show good cause why he should not be 
compelled so to do. Failure to obey the orders of 
the judge or court shall be treated as a contempt of 
court, and may be punished as such. Any officer 
whose duty it is to prepare or furnish ballois as re¬ 
quired under this Act, who shall wilfully or neg¬ 
lectfully fail to do so, shall, upon conviction there¬ 
for be fined not less than one thousand ($1,000) dol¬ 
lars nor more than two thousand ($2,000) dollars 


24 


for each offense and in addition thereto may be im¬ 
prisoned in the county jail not less than sixty days 
nor more than six months. If the Circnit Court be 
not in session in the county, the Circuit Judge of 
the district in which the county lies shall hear and 
determine the matter. If the Circuit Judge of the 
district in which the county lies be absent from the 
district, then the motion and affidavit shall be filed 
before the Circuit Judge of a contiguous district, 
if he be therein at the time, and if not, then before 
any Circuit Judge in the Commonwealth. And any 
of the Circuit Judges above indicated shall have 
full power to hear the complaint during court or 
in vacation in a summary manner, and to determine 
and make final orders therein; and when any such 
order is made, it shall be conclusive and not subject 
to appeal. 

^ ‘‘ Of the filing of the motion and affidavit, and the 
time and place of hearing thereon the officer or per¬ 
son against whom same is directed shall have 
notice, which notice shall be served as notices are 
directed to be served under the provisions of the 
Civil Code of Practice. 

Candidates only shall have the right to institute 
proceedings under this Section, and the candidates 
shall pay the costs of the proceedings. 

§ ‘‘28. Contests—Any candidate wishing to con¬ 
test the nomination of any other candidate who was 
voted for at any primary election held under this 
Act shall give notice in writing to the person whose 
nomination he intends to contest, stating the 
grounds of such contest, within five days from the 
time the Election Commissioners shall have awarded 
the certificate of nomination to such candidate 
whose nomination is contested. Said notice shall be 
served in the same manner as a summons from the 
Circuit Court, and shall warn the contestee of the 


25 


time and place, when and where the contestee shall 
be required to answer and! defend such contest, 
which shall not he less than three, nor more than 
ten days after the service thereof. Such contest 
shall be tried by the Judge of the Circuit Court of 
the county in which the contestee resides or is 
served. Upon return of said notice properly exe¬ 
cuted as herein provided, to the office of the Circuit 
Clerk of the county in which said contestee resides 
or is served with such notice of contest, it shall be 
the duty of the Clerk of the Circuit Court to imme¬ 
diately docket said cause and to immediately notify 
the presiding judge of the Circuit Court of said 
county that such contest has been instituted. Pro¬ 
vided, That in counties constituting separate Cir¬ 
cuit Court Districts and having more than one Cir¬ 
cuit Judge the judge who shall hear and determine 
such cause shall be determined by lot. On or before 
the time for the return of said notice of contest, 
the contestee may controvert the grounds of con¬ 
test and may also set up additional grounds of con¬ 
test against the contestant. If additional grounds 
of contest are set up by the response of the con¬ 
testee the court may allow the contestant reason¬ 
able time, not to exceed three days, however, in 
which to reply; but no additional grounds of contest 
shall be set up in any reply, and the cause shall be 
tried upon the grounds of contest contained in the 
original notice by the contestant and the response 
of the contestee. Each party to such contest shall 
be entitled in the production of evidence to be 
used on the trial thereof to all the remedies allowed 
in cases at law and in equity, and the judge shall 
proceed to a trial of said cause within five days 
after issue is joined as herein provided. In trying 
such contests the court shall hear and determine all 
questions of law and fact without the intervention 


26 


of a jury and may examine the witnesses orally or 
require the parties to take the evidence by deposi¬ 
tions, in the discretion of the court, or as may be 
agreed by the parties: Provided^ however, That if 
the evidence is taken orally either party may have 
the right to require it to be taken by the official 
stenographer or reporter for the court, to be taken 
and transcribed and paid for as evidence in other 
civil actions. The court may require the contest¬ 
ant, or the person who has the burden of proof 
under the issues joined, to complete his proof in 
not less than five days, and the contestee, or the 
persons not having the burden, to complete his 
proof in not less than five days thereafter, and each 
party may be given one day additional for produc¬ 
ing evidence in rebuttal, and no greater time shall 
be extended, unless the court be satisfied that the 
ends of justice demand it. The court shall imme¬ 
diately, after the evidence is concluded, consider 
said contest and determine the same, and his judg¬ 
ment shall be filed in the office of the Circuit Court 
Clerk as the judgment of the court, and shall have 
the same force and effect as a judgment rendered! 
by the court in term time. The party desiring to 
appeal from the judgment of the court shall, on the 
same day after the same is rendered, execute a 
supersedeas bond in the same form and to the same 
effect as other supersedeas bonds in other civil act¬ 
ions for an appeal to the Court of Appeals, and the 
clerk shall immediately thereafterwards transmit to 
the Clerk of the Court of Appeals the original 
papers in said contest, including such transcript of 
evidence as may be furnished or as may be required 
by the court or by the parties, and said record of 
said contest when received by the Clerk of the 
Court of Appeals shall be immediately delivered to 
the Chief Justice, and said: contest shall have pre- 


27 


cedence over all other business and causes then 
pending in the Court of Appeals and shall be 
heard and disposed of by the'Court of Appeals as 
speedily as the exigencies in the case will admit. If 
on the trial of such contest the issue is finally de¬ 
cided in favor of the contestee this fact shall be 
certified to the Secretary of State, and to the County 
Court Clerk of the county in which the cause is final¬ 
ly determined. If said contest is finally decided in 
favor of the contestant this fact shall be certified to 
the Secretary of State, and to the Clerk of the Cir¬ 
cuit Court of the county in which the contest orig¬ 
inated; and if the contest was of a nomination that 
is required to be certified to the Secretary of State, 
then th(^ Secretary of State will place the name of 
the successful contestant on the ticket in the place of 
the name of the contestee to be voted for by his 
political party at the succeeding November election. 
If the nomination is one that is required to be certi¬ 
fied to the County Court Clerk, then the County 
Court Clerk or clerks of the county or counties in 
which such candidate is to be voted for, shall place 
the name of the successful contestant on the ballot 
of his political party in lieu of the name of the con¬ 
testee, to be voted for at the succeeding November 
election. Provided^ however^ That when the con¬ 
tests provided for in this Act shall be for nomina¬ 
tion to offices for the State at large, the notice of the 
contest shall be filed and the contest tried in the 
Franklin Circuit Court; but shall otherwise be sub¬ 
ject to the provisions of this Act. 

§ ^^29. Election Supplies and; Expenses.—All 
the supplies for holding said primary" elections, and 
all the expenses of such primary elections shall be 
furnished and paid for in the same manner and by 
the same authority as the like supplies and expenses 
of the general election; and the paper for the print- 


28 


ing of the ballots for the primary nominating elec¬ 
tion shall he furnished in the same way and paid for 
in the .same way as the paper used for printing the 
ballots for the regular election; and the printing of 
the ballots and the distribution of the same, except 
as otherwise herein provided, shall he in the same 
manner as is now, or may hereafter be prescribed 
for the printing and distribution of ballots for the 
general election; and all officers shall receive the 
same fees for services rendered in the holding of 
the Primary Nominating Election as are paid for 
the same or similar services in holding the general 
election, and payable in the same manner and by 
the same authority. 

^‘30. County Clerks—Compensations.—For his 
services under this Act, the County Clerk shall re¬ 
ceive the following fees and; no other: For every 
declaration tiled by a candidate, one dollar, which 
is to be paid by the candidate upon the filing of his 
declaration; for publishing the list of names of the 
candidates before the primary, twenty-five cents 
for each name, and the cost of printing; for each 
name specially registered by him as herein pro¬ 
vided, ten cents. All fees and expenses incurred 
under this Act, except the one above specifically 
mentioned, shall be paid as other election expenses 
are paid under the law. 

^^31. Forgery of Signatures.—Any person who 
shall forge any name of a signer to a nomination 
paper shall be guilty of forgery, and on conviction, 
be punished accordingly. 

§ ^'32. Suppression of Nomination Papers—Any 
person who, being in possession of nomination 
papers entitled to be filed under this act, shall 
wrongfully either alter, mutilate or suppress, neg¬ 
lect or fail to cause the same to be filed at the proper 
time in the proper office, shall be guilty of a misde- 


29 


meanor and, on conviction, be punished by imprison¬ 
ment in the county jail not to exceed six months, or 
by a fine not to exceed $500.00 or both such fine and 
imprisonment. 

§ ^‘33. County Clerk—Penalty Against For 
Wrongful Acts.—The County Clerk shall be under 
the same duties and subject to the same liabilities 
for failure to perform same, with reference to print¬ 
ing the ballots for primary elections held; under this 
Act, as he now is with reference to the November 
elections. Any County Clerk who shall knowingly 
cause to be printed on any official primary ballot the 
name of any candidate who has not filed the nomi¬ 
nation paper required by this Act, or who shall 
knowingly fail to cause the name of any candidate 
who has complied therewith to be printed upon the 
proper ballot, or who shall knowingly cause to be 
printed upon the ballot for the regular election the 
name of any candidate of any political party em¬ 
braced in this Act who was not nominated in the 
manner provided in this Act, shall forfeit his office 
and be guilty of a felony and, upon conviction, be 
confined in the penitentiary for not less than one 
year nor for more than three years. 

^ ^ Any County Clerk who shall register any person 
specially under the provision of this Act, without 
administering and preserving in a book the affi¬ 
davits herein provided for, shall be guilty of a mis¬ 
demeanor, and upon conviction, be fined not less 
than $25.00 nor more than $200.00. 

§ ‘^34. Secretary of State—Penalties Against 
For Wrongful Acts.—Any Secretary of State who 
shall knowingly certify to the County Clerk of any 
county the name of any candidate who has not filed 
the nomination paper provided for by this Act, or 
who shall knowingly fail to certify the name of any 
candidate for whom the proper nominating paper 


30 


lias been filed with him, as herein provided, or who 
shall knowingly certify to any Comity Clerk the 
name of any candidate of any political party em¬ 
braced in this Act, to be printed on the ballots for 
the November election, who was not nominated in 
the manner jirovided in this Act, shall forfeit his 
office and be guilty of a felony, and upon convic¬ 
tion, be confined in the penitentiary for not less than 
one year nor more than three years. 

§ ‘‘35. Penalties.—Any act or deed denounced 
by the general laws of the State concerning elec¬ 
tions shall also be an offense under this Act, and 
shall be punishable in the same form and manner as 
provided for the punishment of like offense against 
the general election laws, and all the penalties de¬ 
nounced for violation of the general election laws 
shall apply with equal and like force to all and sim¬ 
ilar violations and infractions of the provisions of 
this Act, and shall be as effective as though fully set 
out herein. 

§ “36. Eules Applying to Primaries.—Except 
as herein otherwise provided, primary elections 
under this act shall be conducted substantially as 
now provided by law in case of regular elections. 
Any omission in this act shall be supplied as nearly 
as practicable from the Statutes governing the No¬ 
vember elections. This act shall be liberally con¬ 
strued so as to carry out its purpose, and give to 
the voters of the different parties an opportunity 
to select their candidates. 

“37. Repeal.—All acts or parts of acts incon¬ 
sistent with this Act, or in conflict with the provis¬ 
ions of this Act, are hereby repealed. 

§ “38. It being the sense of the General Assem¬ 
bly that the foregoing amendments should become 
effective as to the Primary elections to be held in 


31 


the year 1914, an emergency is declared to exist, 
and this amendatory act shall become effective upon 
its passage and approval by the Governor, and laws 
which are in conflict herewith are hereby repealed. ’ ’ 



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